This Agreement is the offer of TS Design Works, (herein referred to as “the Architect”),
to
perform the consulting services. Acceptance by the Client is strictly limited to the
attached
Proposal and these Terms and Conditions for Architectural Services, which when
acknowledged in writing, is authorization to proceed. The Client is defined as the
person or
business entity signing the Agreement authorizing the Architect to proceed. This
Agreement
may only be modified in writing executed by both parties.
The services to be performed are described in the Scope of Services. Unless otherwise
specified in the Scope of Services or the Terms and Conditions, the Architect shall
furnish all
technical and professional services, including labour, materials, supplies, equipment,
transportation and supervision to perform all tasks listed in the Scope of Services and
in
accordance with the target schedule.
On acceptance of the offer of our services 15% of the total fee to be paid upfront
before
submission of conceptual drawings. Invoices shall be submitted upon completion of a
phase or
monthly based on percentage complete at that time. Payments are due upon the Client’s
receipt of invoice. Failure to any payment will result in withholding the submission of
drawing
or work on site if executed by the architect. If any payment is more than thirty (30)
days past
due, the Architect may, after giving seven (7) days written notice to the Client,
suspend
services under this Agreement until the Architect is paid in full all amounts due for
services,
expenses, and other charges.
The Client is responsible to establish Project Budget Costs and obtain required cost
estimates.
If the Architect is not contracted to provide cost estimating services, the Architect
shall not
be
liable to redesign to meet the project budget costs. If redesign is required due to
revised or
miscalculated project budget costs furnished by a party other than the Architect, the
time
required shall be considered Additional Services and is due for additional payment.
The Client may assist the Architect in the selection of plumbing fixtures, plumbing
fittings,
hardware, appliances, kitchen cabinets, decorative lighting, tile, stone slabs,
furniture,
fabric,
carpets, paint colours, artwork, accessories, etc. Additional fee will be charged for
the time
spent by the Architect on selection of materials depending on the hourly rate of the
architect
fixed between the two parties.
Engineering services based upon the needs of the Client, may be required for heating,
air
conditioning, electrical, plumbing, structural calculations, site planning, grading,
septic
systems
and/or fire suppression. Engineering services are not included in this Agreement and
will bear
separate cost.
The Architect may develop and prepare a three-dimensional computer model and/or physical
scale model of the proposed project for the Client. All 3D modelling shall be considered
Additional Services and will bear a separate cost.
The Client shall appoint and authorize a Project Representative to answer field
questions and
make timely decisions (within five (5) business days). The Architect assumes that the
Client
shall be the Project Representative unless the Client notifies the Architect, in
writing, that
another Project Representative has been appointed. If the Client replaces or selects a
new
Project Representative, any time spent by the Architect to bring the new Project
Representative current shall represent Additional Services.
All documents prepared or furnished by the Architect pursuant to this Agreement are
instruments of the Architect’s professional service, and the Architect shall retain an
ownership
and property interest therein. The Architect grants the Client a license to use
instruments of
the Architect’s professional service for the purpose of constructing, occupying and
maintaining
this specific Project. Reuse and/or modification of any such documents, without the
Architect’s
written permission will be at the sole risk of the Client.
All ideas, designs, arrangements and/or plans indicated or represented by the
Architect’s
drawings will be created, evolved and developed for use on this specific Project. None
such
ideas, designs, arrangements and/or plans shall be used by or disclosed to any purpose
whatsoever without the written permission of the Architect.
The Architect and its consultants shall have the right to photograph the Project and to
use the
photographs in the promotion of its professional service through publication,
advertising,
public relations, brochures, websites, or other marketing media.
It is mutually agreed that the terms of this Agreement shall be binding upon both
parties and
their successors, executors, administrators and assigns. Any dispute or claim arising in
connection with this Agreement shall be submitted to Arbitration for resolution in
accordance
with the Council of Architecture.